Rhodes v Firepower Pump Systems Pty Ltd Trading as Territory Fire Service and Training

Rhodes (the applicant) brought a small claim against Firepower Pump Systems Pty Ltd trading as Territory Fire Service and Training (the respondent) in the Fair Work Commission. The dispute concerned the applicable industrial award and entitlements arising from the applicant's cessation of employment. The applicant had been employed as a service technician responsible for building fire systems.

The primary legal issues before the Commission were: firstly, which industrial award governed the applicant's employment, specifically whether it was the Plumbing and Fire Sprinklers Award 2010 or the Electrical, Electronic and Communications Contracting Award 2010; and secondly, the proper interpretation of "redundancy" under clause 18.2 of the Plumbing and Fire Sprinklers Award 2010, particularly in relation to the applicant's claim for redundancy pay. A further issue was whether payments made to the applicant above ordinary award rates for ordinary hours of work could satisfy any redundancy or severance payment obligations under the Award.

Judge Riethmuller determined that the Plumbing and Fire Sprinklers Award 2010 applied to the applicant's employment as a service technician. The court interpreted the definition of "redundancy" within clause 18.2 of that Award broadly, stating that it encompassed any situation where an employee ceases to be employed by an employer, thereby including resignation. Consequently, the court found that the applicant's resignation triggered the redundancy provisions of the Award. The court also held that payments made to the applicant in excess of ordinary award rates for ordinary hours of work did not constitute redundancy or severance payments as contemplated by the Award.

The Commission ordered that the respondent pay the applicant the amount due and owing for redundancy under the Plumbing and Fire Sprinklers Award 2010.